Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Contraband - Recovery allegedly effected from the trolley standing in the land of accused - No evidence has been adduced by prosecution to show that land in question was either owned or possessed by accused - Contraband recovered from accused was produced before SDJM but same was not deposited back in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 14 injections of Pheniramine melate IP (Avil) 10 ml each and 14 injections of Buprenorphine IP 2 ml each - Bail - Petitioner is not involved in any other case - Co-accused has already been granted bail - Conclusion of trial may take a long time -..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of dead body of deceased - Place where dead body was recovered was already in the knowledge of police - Such evidence is not admissible in evidence, as on the basis of information given by accused u/s 27 of the Act, no fact was discovered...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Recovery of stick and scorpio do not implicate accused, as no blood stains have been found on the stick - No incriminating material whatsoever has been recovered from scorpio - None of recovered articles were established to be connected with alleged crime - No evidence on record that deceased was last seen near the..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title and recovery of possession - Burden of proof to establish a title in the suit lies upon plaintiff, as this burden lies on party who asserts existence of a particular state of things on basis of which she claims relief...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of heroine - Non-compliance of S.50 of the Act - Accused were not produced before any Magistrate or Gazetted Officer and search and recovery was not made from accused in presence of Magistrate or Gazetted Officer - Both the accused intended to be searched from I.O - However, none of police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 3.750 kg charas - Non-compliance of provision of S.42 of the Act - Chance recovery - Police party was on patrolling as well as traffic checking duty at the relevant time - Police has no prior information regarding transportation of charas by accused - Provision of S.42 of the Act not applicable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3.750 kg charas - Non-compliance of provision of S.50 of the Act - Recovery not effected from personal search of accused - But the same was found containing rucksack which was with accused who was pillion rider of scooter driven by co-accused - Provision of S.50 of the Act not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3.750 kg charas - Search and seizure - Star witness of case is I.O - I.O himself destroyed the prosecution case by giving three options to accused regarding their search i.e before Magistrate, Gazetted Officer or police, which casts shadow of doubt over prosecution case - Accused acquitted...........
